NORTH BATTLEFORD - A man who previously pleaded guilty to criminal negligence causing death was sentenced to four years in prison in the death of David Lapointe.
Nolan Bird, from Saskatoon, who is in custody, appeared by CCTV in North Battleford Provincial Court on July 30.
The 34-year-old man previously pleaded guilty to criminal negligence causing death. A charge of manslaughter was stayed in the case.
Lapointe’s body was found after police were called to a home on the 1600 block of 102nd Street in North Battleford on March 13, 2022.
Crown prosecutor Oryn Holm told the court at the time of the incident Bird had in his possession a loaded firearm. When he went to see Lapointe, he handed the firearm to him because he was having problems with it.
"He passed the loaded firearm to a clearly intoxicated Mr. Lapointe to potentially try to fix the firearm," Holm said.
Lapointe began to play with it. When Bird tried to take the firearm back, during the bit of a struggle, the firearm discharged, shooting Lapointe in the face, and ultimately killing him. Bird had not been holding the firearm at the time it discharged, Holm said.
The court heard that Lapointe was under the influence of methamphetamine at the time of the incident.
When he addressed the court, Bird said he is sorry.
"If it wasn't for me with the firearm it wouldn't have happened. I shouldn't have had it," he said.
Defence attorney Aleida Oberholzer said Bird had a difficult life and Gladue factors apply.
She said he has ongoing struggles with addiction and was diagnosed with depression.
"He is trying to become a better influence in his children's lives," Oberholzer said.
Judge William Mokuruk accepted the joint submission from Holm and Oberholzer.
"I think you made a wise decision," said the judge on Bird's prior guilty plea to the criminal negligence causing death charge.
Bird was sentenced to four years in prison for criminal negligence causing death, less 911 days time served. He was also sentenced to 90 days concurrent for a separate June 2022 North Battleford charge of being in possession of a stolen property - a motor vehicle - and nine months consecutive for an April 2024 Saskatoon charge of assault. In total, Bird has 820 days left to serve.
